Canadian comic and restaurant owner are fined $22,500 for lesbian jokes

Canada's British Columbia Human Rights Tribunal has ordered amateur comedian Guy Earle and restaurant owner Salam Ishmail to pay $22,500 in damages to a woman who claims she suffered lewd lesbian insults during an open mic night.

The woman, Lorna Pardy, 32, told the court she was mistreated by Mr Earle, who served as emcee at Zesty’s Restaurant on Commercial Drive in Vancouver on May 22, 2007.

Scroll down for video

Fined: Canadian comedian Guy Earle said: 'I want to preface it by saying I don't hate anyone based on their sexual orientation or whatever. But I do hate hecklers'

The court ordered Mr Earle to pay Ms Pardy CA$15,000 (US$15,745) for lost wages and for injury to dignity, feelings and self respect. Mr Ishmail was ordered to pay her $7,500.

Ms Pardy, who works as an airport weather technician, said she has been diagnosed with post-traumatic stress as a result of the evening.

Ms Pardy told the court the she had gone to Zesty's that day to meet her girlfriend and another woman for drinks on the patio. She said that after a waitress told them the patio was closed, they moved to a table inside.

Share this article

Ms Pardy said they were in the process of placing a drinks order with two waitresses when her girlfriend kissed her on the cheek.

She said Mr Earle then said to them: 'Don't mind the inconsiderate dyke table that just walked in'.

Ms Pardy said she didn't know a comedy show was going on and denied Earle's claim that the table was heckling him, saying: 'It's just not the way I conduct myself in public'.

Upset: Complainant Lorna Pardy claims to suffer post traumatic stress after Mr Earle teased her with obscene lesbian jokes during a set in 2007

However, shortly after the event, Mr Earle told a group of comedians his version of the evening.

According to video of his account, Mr Earle said: 'These two lovely guests came in from the patio and sat right in front of the stage and stated making out, like tongue and tonsil wrestling.

'I didn't care if it was two guys, two girls, a horse and buggy, you know whatever', Mr Earle said, who added, 'I want to preface it by saying I don't hate anyone based on their sexual orientation or whatever. But I do hate hecklers, and sometimes I get a little vehement'.

Mr Earle accused the women of ignoring his request for them to be quiet and telling him 'f*** you a******' and 'shut up'. He said they insinuated he had singled them out for being lesbians.

Mr Earle said: 'So then I broke into it, I said you’re fat and ugly, you’re not even lesbian, no guy will f*** ya that’s why you’re with each other.

'Somebody put a c*** in her mouth and shut her the f*** up. Which one of you wears the strapon dildo, because silicone c*** crazy is still c*** crazy in my book', he said.

Mr Earle said people then started booing him and walking out. He said he walked by Ms Pardy's table and stopped to look at her, when she allegedly splashed a drink of water in his face.

Ms Pardy told the court that she had felt threatened by the comedian and wanted him to leave.

Mr Earle said another comic then performed a set, after which he went back to the mic to briefly close out the evening. He said he then walked by Ms Pardy's table again, at which point she allegedly threw more water at him.

Mr Earle said the woman then got up and faced him, puffing her chest out.

Insult factory: Zawa Restaurant, formerly Zesty's, in Vancouver, Canada, where Mr Earle worked as an emcee for a comedy night that turned sour in 2007

'I lost it for two seconds, this is the part that I publicly apologize for', said Mr Earle.

He explained that he pulled her sunglasses off her head and broke them in half, 'like a little baby dumb***'.

Ms Pardy told the court she didn't want to leave after Mr Earle first made her upset because she wanted to see if the restaurant's manager would intervene.

Speaking to the comedians, Mr Earle compared himself to Michael Richards, who was videotaped saying racist remarks to a black heckler at a Los Angeles comedy club in 2006.

Mr Earle said: 'They pissed me off so I said some rude things, does that mean I should go to court? If you’re an a****** should you be arrested?'

Mr Earle admitted that he had been in a bad mood that night over what he thought was low quality of the acts. But he has criticized the tribunal's ruling, telling reporters he intends to appeal the decision and will take the matter to the country's supreme court if needed.

Mr Earle has also argued that the tribunal should not have jurisdiction in the case.

Still, tribunal member Murray Geiger-Adams said Earle repeated vulgar language in public and attacked Pardy's identity and dignity as a woman and a lesbian.

Mr Earle's lawyer argued that his client's speech should be protected under freedom of expression.

Others are worried that the case may have a chilling effect on comedians and venues that host live events.